Common use of TERMINATION BY TRANSFEREE Clause in Contracts

TERMINATION BY TRANSFEREE. If any condition set forth herein for the benefit of Transferee cannot or will not be satisfied prior to Closing, or upon the occurrence of any other event that would entitle Transferee to terminate this Agreement and its obligations hereunder, and Transferor fails to cure any such matter within ten (10) business days after notice thereof from Transferee, Transferee, at its option, may elect either (a) to terminate this Agreement and all other rights and obligations of Transferor and Transferee hereunder shall terminate immediately, or (b) to waive its right to terminate (but without waiving any breach or default on the part of Transferor) and, instead, to proceed to Closing. If Transferee terminates this Agreement as a consequence of a misrepresentation or breach of a warranty or covenant by Transferor, or a failure by Transferor to perform its obligations hereunder, then Transferee shall retain all remedies accruing as a result thereof, including, without limitation, specific performance.

TERMINATION BY TRANSFEREE. If any condition set forth herein for the benefit of Transferee cannot or will not be satisfied prior to Closing, or upon the occurrence of any other event that would entitle Transferee to terminate this Agreement and its obligations hereunder, and Transferor fails to cure any such matter within ten (10) business days after notice thereof from Transferee, Transferee, at its option, may elect either (a) to terminate this Agreement and all other rights and obligations of Transferor and Transferee hereunder shall terminate immediately, or (b) to waive its right to terminate (but without waiving any breach or default on the part of Transferor) and, instead, to proceed to Closing. If Transferee terminates this Agreement as a consequence of a misrepresentation or breach of a warranty or covenant by Transferor, or a failure by Transferor to perform its obligations hereunder, then Transferee shall retain all remedies accruing as a result thereof, including, without limitation, specific performance.

TERMINATION BY TRANSFEREE. If any condition set forth herein for the benefit of Transferee cannot or will not be satisfied prior to Closing, or upon the occurrence of any other event that would entitle Transferee to terminate this Agreement and its obligations hereunder, and Transferor fails to cure any such matter within ten (10) business days after notice thereof from Transferee, Transferee, at its option, may elect either (a) to terminate this Agreement and all other rights and obligations of Transferor and Transferee hereunder shall terminate immediatelyimmediately and Transferee shall be entitled to the return of its Xxxxxxx Money Deposit, or (b) to waive its right to terminate (but without waiving any breach or default on the part of Transferor) and, instead, to proceed to Closing. If Transferee terminates this Agreement as a consequence of a misrepresentation or breach of a warranty or covenant by Transferor, or a failure by Transferor to perform its obligations hereunder, then Transferee shall retain all remedies accruing as a result thereof, including, without limitation, specific performance.